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8Persons entitled to grant authorisations under sections 6 and 7

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(1)Subject to subsection (2) below, the persons designated for the purposes of sections 6 and 7 above are the individuals holding such offices, ranks or positions with relevant public authorities as are prescribed for the purposes of this subsection by order made by the Scottish Ministers.

(2)The Scottish Ministers may by order impose restrictions—

(a)on the authorisations under sections 6 and 7 above that may be granted by any individual holding an office, rank or position with a specified public authority; and

(b)on the circumstances in which, or the purposes for which, such authorisations may be granted by any such individual.

(3)A public authority is a relevant public authority for the purposes of this section in relation to sections 6 and 7 above if it is—

(a)a police force;

(b)the Scottish Administration;

(c)a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994 (c. 39);

(d)the Common Services Agency for the Health Service;

(e)a health board;

(f)a special health board;

(g)a National Health Service trust established under section 12A of the National Health Service (Scotland) Act 1978 (c. 29);

(h)the Scottish Environment Protection Agency.

(4)The Scottish Ministers may by order amend subsection (3) above by—

(a)adding a public authority to those enumerated in that subsection;

(b)removing a public authority therefrom;

(c)making any change consequential on any change in the name of a public authority enumerated therein.

(5)No order shall be made under subsection (4)(a) above unless it has been laid in draft before and approved by resolution of the Scottish Parliament.

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